Surgeon who claims he was on enforced sick leave entitled to return to work, court hears

The High Court has heard that a consultant surgeon who claimed the Health Service Executive (HSE) placed him on enforced sick leave is entitled to return to work.

Dr Pawan Rajpal, a colorectal surgeon at Cavan General Hospital for 25 years, brought a court case alleging he was informed last August that he was the subject of a complaint from another staff member and faced being suspended. He also works at Monaghan General Hospital and Connolly Hospital in Dublin.

Dr Rajpal strongly denies any wrongdoing and says the allegations relate to an alleged encounter outside of working hours and away from HSE property.

On Tuesday, lawyers for the doctor read out parts of a letter from the HSE that acknowledged he is entitled to return to work.

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Dr Rajpal’s senior counsel, Patrick McCann, appearing with barrister David Lennon, told the court that the letter did not address all of their concerns, so the case will have to proceed.

The judge gave directions on how to progress the matter and adjourned the case.

In his action against the HSE, Dr Rajpal claims no formal decision was ever taken to suspend him and he has not been properly informed of the details of the allegation against him.

Arising out of the claim against him, the consultant took two weeks of sick leave for work-related stress. In mid-September of 2022 he got a certificate from his GP stating he was ready to return to work.

However, he claims, the HSE did not allow him to return to his duties.

He alleges the HSE unlawfully and in breach of his contract of employment insisted he could not return to work unless he was reviewed by an occupational health therapist of the HSE’s choice. This, he says, falls outside a stipulated process for referrals to occupational health professionals which expressly says an employee does not have to undergo any form of assessment and can refuse to attend.

Before these incidents, Dr Rajpal alleges, he voiced his opposition to what he says is the HSE’s attempt to bring about changes he believes would downgrade facilities at Cavan hospital.

Being out of work has damaged his reputation and his ability to earn a living, he alleges. The court heard he has been working at other hospitals since September.